SIMMONS v. STATE

No. A14-82-219CR.

666 S.W.2d 123 (1983)

Johnny Odell SIMMONS, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Discretionary Review Refused December 7, 1983.


Attorney(s) appearing for the Case

Charles F. Baird, Houston, for appellant.

John B. Holmes, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and ELLIS, J.


OPINION

ELLIS, Justice.

Appellant was convicted of sexual abuse, and punishment, enhanced by two prior felony convictions, was assessed by the jury at life imprisonment.

Appellant contends, in three grounds of error, the trial court committed fundamental error by charging the jury to convict appellant for conduct different from that alleged in the indictment.

Appellant was indicted, in pertinent part, as follows:

[D]id then and there...

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